OFFICER LIABILITY. The Seven Most Common Areas of Officer Liability Failure to protect a citizen Failure to enforce a court order Failure to respond.

OFFICER LIABILITY

The Seven Most Common Areas of Officer Liability

Failure to protect a citizen

Failure to enforce a court order

Failure to respond in a timely manner

Failure to provide information to a victim

Arresting without probable cause

Exhibiting a pattern of differential treatment

Inadequately trained officers.

Thurman vs. City of Torrington

Liability Issues (1)Law Enforcement Component, p. 3

Calloway v. Kinkelaar (1995)

Liability Issues (2)Law Enforcement Component, p. 3

Moore v. Green (2006)

Liability Issues (3)Law Enforcement Component, p. 3

Beyer v. Joliet (2009)

Officer Liability

In 1996 and 2006 the Illinois Supreme Court

ruled an officer can be held liable for money

damages if the officer fails to act to protect

victim of domestic violence.

Officer Liability

When in doubt,

ACT to protect the victim.

Lawsuits for Failing to Adequately Train Officers

City of Canton, Ohio vs. Harris (109 S. Ct. 1197 (1989))

Ricketts vs. Columbia (No. 90-4099-CV-C66BA (US Dist. Ct. W.D. Mo))

Negligence

Duty Breach of Duty Proximate Cause Damages

• Compensatory• Punitive

What is the Public Duty Rule?

What is Special Duty?

Mastroianni v. County of Suffolk668 N.Y.2d 542 (1997)

Police Liability in IDVA (1)(750 ILCS 60/305)

Any act of omission or commission by any law enforcement officer acting in good faith in rendering emergency assistance or otherwise enforcing this Act shall not impose civil liability upon the law enforcement officer or his or her supervisor or employer, unless the act is a result of willful or wanton misconduct.

IDVA Policy Liability (2)

Willful or wanton conduct is defined as “action” which if not intentional, shows an utter indifference to or conscious disregard for “the safety of oneself or others”.

Castle Rock v. Gonzalez

125 S. Ct. 2796 (2005)

Special Duty related to the IDVA

Domestic violence legislation and special victim legislation creates an exception to old rules – creates a special duty.

Calloway v. Kinkelaar168 Ill 2d 312 (1995)

When Can Supervisors Be Held Liable?

How Can We Reduce the Potential Exposure

to Lawsuits? (1) Review policy

Adopt a legal policy

Monitor compliance

Review actions/reports

Provide training

How Can We Reduce the Potential Exposure

to Lawsuits? (2) Relevant laws

New legislation = policy changes

Document DV arrests/homicides.

Law Enforcement Responsibilities

Use all reasonable means to prevent further abuse

What is the Impact of PositiveLaw Enforcement Response?

Impact of a PositiveLaw Enforcement Response (2)

Domestic violence is a crime

Holds batterers accountable

Supports the victim

Coordinated community response

Impact of a PositiveLaw Enforcement Response (3)

How does arresting

the batterer affect the case?

The Meaning of “SHALL” If you do not comply, you’re not following

the law.

If you are not following the law, you are not covered by immunity.

If you are not immune, you are susceptible to law suits.

You MUST do it!

Arrest

The responding officer must arrest thesuspect whenever an arrest is mandated.

Mandatory/Pro Arrest

An officer SHALL arrest predominant physical aggressor if there is probable cause.

Why Strict Arrest Laws?

Victims are in danger if the batterer isn’t removed

What is Probable Cause?

“The combination of facts & circumstances that leads a law enforcement officer to believe

that a crime has been committed.”

Absence of Probable Cause

NEVERleave the scene

using threatening words

What Do You NOT Consider in the Arrest Decision? (1)

Claims that victim provoked the violence

Mental health of victim or suspect

Verbal assurances that violence will stop

Ownership/tenancy rights of shared residence

DO NOT Consider in the Arrest Decision (2)

Drug or alcohol use

Denial of abuse

Uncooperative victim

Marital/Financial status of the parties involved

Dual Arrest

Inappropriate Dual Arrests = Increased Liability

False Arrest = Civil Jeopardy

Exigent Circumstances (1)

Emergency situations

“Objective Reasonableness”

Exigent Circumstances (2)

Good faith basis to search a house to look for a victim/suspect, protects

you from liability

If a victim is bleeding to death in a room of a house where you were on the scene and did not locate

her … hire a lawyer!

Training Exercise 1

Handling the Call:

Domestic Violence Vignettes

Scene 6

“She Almost Killed Me”

Training Exercise 2

Handling the Call:

Domestic Violence Vignettes

Stalking Scenario

“Everywhere I Go There He Is –

Am I Losing My Mind?”

Acknowledgements

Resources provided by:- Mark Wynn, Wynn Consulting –

www.markwynn.com

- 4th Judicial Circuit FVCC Law Enforcement Committee

- OVW Rural Grant Committee, 4th Judicial Circuit

- Law Enforcement Resource Center & Minnesota Program Development, Inc., 2000

This project was supported by Grant #2011-WE-AX-0055, awarded by the Office on Violence Against Women, U.S. Department of Justice, through the Illinois Violence Prevention Authority.

The original project was supported by Grant # 2008-WR-AX-0016, awarded by the Office on Violence Against Women, U.S. Department of Justice, through the Illinois Criminal Justice Information Authority.

Points of view, opinions, findings, conclusions or recommendations contained within this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice, Office on Violence Against Women, Illinois Violence Prevention Authority, or the Illinois Criminal Justice Information Authority.